S.Jaganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 17-08-2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P.No.29453 of 2013 S. Jaganathan Petitioner Vs 1.

The District Collector Krishnagiri District 2.

The Settlement Officer Survey and Settlement Department Chepauk Chennai - 5 3.

M. Chinnasamy 4.

Srinivasan @ Chankarai 5.

Sivalingam 6.

Thangavel 7.

Arunachalam 8.

Kannan 9.

Siva Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent Nos.1 and 2 to consider the representation of the petitioner dated 19-08-2013 and pass necessary orders restoring the original classification of the land 10 cents in S.No.323/2 Rangampatti Village, Pochampalli Taluk, Krishnagiri District and cancelling the patta issued to the respondent Nos.3 to 6 and father of the respondent Nos.7 to 9 after issuing notice to all the concerned parties and conducting enquiry and further issue joint patta to the petitioner and other co-owners with respect to the said 10 cents of land within the time frame fixed by this Court.

For petitioner ::

Mr. P. Mani For respondents::

Mr. P. Sanjay Gandhi, AGP for RR1 & 2 Mr. E. Kannadasan for RR3 to 9

ORDER

https://hcservices.ecourts.gov.in/hcservices/ Placing reliance upon the sale deed of the year 2006 followed by a mortgage deed and the chitta and adangal to the property at

Survey NO.323/2, Rangampatti Village,Pochampalli Taluk, Krishnagiri District, the petitioner made a representationon 19-08-2013 stating that the patta land has been re-classified as Natham land and therefore, a fresh patta will have to be issued as 'private land'. As the said representation has not been disposed of, the present writ petition has been filed.

2.

Taking into consideration of the pendency of the representation,without going into the merits of the case, the petitioner is directed to enclose a copy of the representation along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the respondent Nos.1 and 2 are directed to pass appropriate orders by issuing notice to the petitioner as well as the private respondents, within a period of eight weeks, thereafter.

3.

With the above observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar glp To 1.

The District Collector Krishnagiri District 2.

The Settlement Officer Survey and Settlement Department Chepauk Chennai - 5 1 cc to Mr.P.Mani, Counsel for the petitioner Sr.No.43169 1 cc to Government Pleader.Sr.No.43457 1 cc to Mr.E. Kannadasan , Advocate Sr.No.43590 W.P.No.29453 of 2013 vgi(co) pmk.9.9.2015 https://hcservices.ecourts.gov.in/hcservices/